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Title 42, The Public Health and WelfareRelease 119-110

§242v Foreign Talent Recruitment Programs

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER II — GENERAL POWERS AND DUTIES › Part A — Research and Investigations › § 242v

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Health and Human Services must ban National Institutes of Health staff who do in-house (intramural) research from taking part in foreign talent recruitment programs no later than 60 days after December 29, 2022. If NIH approves someone to go to an international conference, exchange, or partnership, that person is allowed to go, but NIH must give them training on how to handle approaches from people tied to those foreign programs. For research funded from outside NIH (extramural), the Secretary must make getting HHS research money depend on telling whether you take part in foreign talent recruitment programs and giving copies of any related grants, contracts, or agreements and other supporting documents. The Secretary must try to make these rules match the requirements in subtitle D of title VI of division B of Public Law 117–167 (42 U.S.C. 19231 et seq.).

Full Legal Text

Title 42, §242v

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Intramural research
(1)In general
Not later than 60 days after December 29, 2022, the Secretary of Health and Human Services (referred to in sections 242v to 242v–3 of this title as the “Secretary”) shall prohibit personnel of the National Institutes of Health engaged in intramural research from participation in foreign talent recruitment programs.
(2)Exemption
Paragraph (1) shall not apply to participation in international conferences or other international exchanges, partnerships, or programs, for which such participation has been approved by the National Institutes of Health. In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs.
(b)Extramural research
The Secretary shall require disclosure of participation in foreign talent recruitment programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services.
(c)Consistency
The Secretary shall ensure that the policies developed, updated, or issued pursuant to subsections (a) and (b) are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–167 (42 U.S.C. 19231 et seq.) related to foreign talent recruitment programs.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 242v to 242v–3 of this title, referred to in subsec. (a)(1), was in the original “this chapter”, meaning chapter 3 (§§ 2321–2326) of title II of div. FF of Pub. L. 117–328, 136 Stat. 5765, which enacted this section and sections 242v–1 to 242v–3 of this title and amended section 282 of this title. Codification Section was enacted as part of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act, also known as PREVENT Pandemics Act, and also as part of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 242v

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110